Delhi Long Distance Policies

Part I – Terms & Conditions

BY ENROLLING IN, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CALLING DTC AT 607-746-1500 FOR FURTHER DIRECTIONS.

“Service” or “Services” means: (1) the DTC Local and state-to-state and international consumer Telecommunications, Internet, and Video services you are enrolled in. Provided to you under Tariffs filed with the Federal Communications Commission and the New York State Public Service Commission.

The DTC website (www2.delhitel.com) contains the specific prices and charges, service descriptions and other terms and conditions not set forth here that apply to each of your Services.

THIS AGREEMENT INCORPORATES BY REFERENCE THE PRICES, CHARGES, TERMS AND CONDITIONS INCLUDED IN THIS DOCUMENT.

YOU AGREE THAT WE SHOULD NOT BE RESPONSIBLE FOR ANY THIRD-PARTY CLAIMS AGAINST US THAT ARISE FROM YOUR USE OF THE SERVICES. FURTHER, YOU AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES RELATED TO THE DEFENSE OF ANY SUCH CLAIMS, INCLUDING ATTORNEYS’ FEES, UNLESS SUCH CLAIMS ARE BASED ON OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE. THIS PROVISION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

NOTHING IN THIS AGREEMENT LIMITS OUR LIABILITY, IF ANY, FOR OUR WILLFUL OR INTENTIONAL MISCONDUCT. IF OUR NEGLIGENCE CAUSES DAMAGE TO PERSON OR PROPERTY, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF DIRECT DAMAGES TO THE PERSON OR PROPERTY. IF OUR NEGLIGENCE CAUSES DAMAGE OF ANY OTHER SORT, WE WILL BE LIABLE FOR NO MORE THAN THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD.

FOR ALL CLAIMS THAT ARE NOT THE RESULT OF DTC’S WILLFUL OR INTENTIONAL MISCONDUCT, WE WILL NOT BE LIABLE FOR PUNITIVE, RELIANCE, OR SPECIAL DAMAGES (UNLESS AN APPLICABLE STATUTE EXPRESSLY AUTHORIZES SUCH DAMAGES), AND WE WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE OR INCREASED COSTS OF OPERATION. THESE LIMITATIONS APPLY EVEN IF THE DAMAGES WERE FORESEEABLE OR WE WERE TOLD THEY WERE POSSIBLE, AND THEY APPLY TO ANY NEGLIGENCE CLAIM THAT DOES NOT INVOLVE WILLFUL MISCONDUCT OR INTENTIONAL MISCONDUCT, NO MATTER HOW THAT CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS (SUCH AS CONTRACT, TORT, STATUTE, MISREPRESENTATION) IT IS BASED. WE WILL NOT BE LIABLE FOR ANY DAMAGES – AND WILL BE LIABLE ONLY FOR THE AMOUNT OF OUR CHARGES FOR THE SERVICES DURING THE AFFECTED PERIOD – IF SERVICES ARE INTERRUPTED, OR THERE IS A PROBLEM WITH THE INTERCONNECTION OF OUR SERVICES WITH THE SERVICES OR EQUIPMENT OF SOME OTHER PARTY. THIS SECTION WILL CONTINUE TO APPLY AFTER THE AGREEMENT ENDS.

EXCEPT AS THIS AGREEMENT EXPRESSLY STATES, WE MAKE NO EXPRESS WARRANTY REGARDING THE SERVICES AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING, BUT NOT LIMITED TO, DTC EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

If an interruption or failure of Services is caused solely by DTC and not by you or a third party or other causes beyond our reasonable control, you may be entitled to a credit allowance based on the duration of the outage. The customer must claim a credit for the outage within ninety days (90) of the occurrence. The customer must notify the company orally, or in writing of the outage. For Internet Service the customer is entitled to a credit for a complete service outage for a period of time greater than 24 continuous hours. For Video Service the customer is entitled to a credit for a complete service outage affecting any level of basic cable service or one or more premium service(s) in excess of four (4) continuous hours.

Please notify the DTC at 607-746-1500 or 888-898-8006 or custserv@delhitel.com

regarding any billing concerns within thirty (30) days from the receipt of your invoice. DTC willpromptly investigate your concern and respond to you within twenty (20) working days of the receipt of your notification.

The following section entitled Binding Arbitration pertains specifically to the Long Distance portion of your services.

IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY OR THROUGH A CLASS ACTION. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM A FEDERAL OR STATE REGULATORY AGENCY.

This Agreement may only be changed in the manner provided for in this Section 9. We may change this Agreement, including the incorporated DTC website, from time to time. If we make any changes to the prices or charges, we will comply with our notice commitments described in Section 1 of this Agreement. With respect to all other changes to this Agreement, we will notify you of the changes, and they will be effective no sooner than fifteen days after we post them at 9www.delgitel.com). You may also request a copy of the revised Agreement, including revised DTC website for the services you are enrolled in, by calling DTC toll free at 888-898-8006.

IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU AGREE TO THE CHANGES.

To enroll in an additional Service, or to switch from your existing Service to a different Service, you must notify us by: (1) returning an enrollment form provided in DTC marketing materials; (2) calling the DTC customer service number on your DTC bill; (3) calling the DTC customer service number provided in DTC marketing materials; or (4) going to our web site at (www2.delhitel.com) and following any further instructions provided for enrollment. The terms and conditions of this Agreement, including those in the incorporated DTC Service Guides, will apply to the new or additional DTC Service.

BY ENROLLING IN, USING, OR PAYING FOR THESE NEW OR ADDITIONAL SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT.

Part II – DESCRIPTION OF SERVICE

- Charges and Payment.
If your check, bank draft or electronic funds transfer is returned for insufficient funds, and we bill you for the Services, we will charge you an additional $27. When payment is made by credit card, payment will also be subject to terms and conditions required by the credit card issuer.

You are responsible for preventing the unauthorized use of the Services, and you are responsible for payment for any such unauthorized use.
- - General. You agree to pay us for the Services at the listed prices. The prices and charges for any particular Package may depend on a number of Services requested.
  - Price Changes. We may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice. Increases to the prices or charges for the Services are effective no sooner than thirty days after we post them on our web site at (www2.delhitel.com). Increases to charges that recover our costs associated with government programs are effective no sooner than three days after we post the increases on our web site (excluding taxes and surcharges under Section 1.e.). We will provide further notices of increases to the prices and charges by bill message or other notice.
  - Payments. You must pay all bills or invoices on time (on or before the 25th of the month ) and in U.S. money. We do not waive our right to collect the full amount due if you pay late or you pay part of the bill, even if you write the words “Paid in Full” (or similar words) on any correspondence to us. If payment is not received on or before the 25th of the month, you will receive a Termination Notice. f you fail to pay the amount shown on the Termination Notice, your services will be terminated. You will be contacted to discuss the situation and provided steps that may be taken to ensure that you have Local Telephone Service. A Reconnection Fee of $55.00 will be assessed to your account once payment is received and the service(s) are restored.
  - Charges and Billing. Charges accrue through a full billing period. We may prorate or adjust a bill if the billing period covers less than or more than a full month. If applicable, to determine the charge for each Toll call, we round up to the next full minute or applicable billing fraction used. Charges will be rounded up to the nearest whole cent. We will determine the format of the bill and the billing period, and we may change both the bill format and the billing period from time to time.
  - Taxes and Other Charges. You must pay all taxes, fees, surcharges and other charges that we bill you for the Services, unless you can show documentation satisfactory to us that you are exempt. Taxes and surcharges will be in the amounts that federal, state and local authorities require us to bill you. We will not provide advance notice of changes to taxes and surcharges, except as required by applicable law. A Franchise Fee, if applicable, will be added to your monthly invoice.
  - Credit Check and Deposits. You give us permission to obtain your credit information from consumer credit reporting agencies at any time. If we bill you for the Services and we determine that you may be a credit risk for (1) unsatisfactory credit rating; (2) insufficient credit history; (3) fraudulent or abusive use of any DTC services within the last five years; or (4) late payments for current or prior bills, we may require a Deposit or an Advance Payment to ensure payment for the Services. This Advance Payment must be maintained as a credit balance on their monthly DTC bill for a minimum of four (4) months. Customers that fail to maintain the Advanced Payment on their DTC bill will have the service removed. Upon the completion of the six month review period the DTC Credit Rep. will determine the need to continue the Advanced Payment. If applicable, the amount of the deposit will be no more than any estimated one-time charges required for the Services, plus three months of the estimated average usage variable charges and/or monthly fees for the Services.We will pay simple interest at the annual rate of 2.75% on the deposit, subject to the state law where you receive the Services. If you fail to pay for the Services when due, we may use the deposit without giving notice to you. If you pay undisputed bills by the due date for twelve consecutive billing months, we will credit the deposit to your account. If a credit balance remains on your account, we will refund or credit that amount.
  - Credit Limits. We have established a credit limit; based on your payment history or your credit score from consumer credit reporting agencies you may be denied our services or required to provide an Advanced Payment or Deposit. We require your Social Security Number and Date of Birth to acquire our Services, including Long Distance direct-dialed, operator-assisted, Video, and Internet . Access to Local Service and Emergency Services (9-1-1) will not be affected by this restriction. If you fail to make timely payments, we will affect your local credit limit.
- Suspending and Canceling the Services
- - Your Cancellation of the Services. If you use more than one Service, you may change or cancel individual Services by calling the DTC customer service number on your DTC bill, subject to the applicable terms and conditions on the DTC website. This Agreement remains in effect for any Services that you continue to be enrolled in, use, or pay for. If you want to cancel all of the Services, discontinue your use of all the Services and call us toll free at 888-898-8006 for further instructions.
  - Fraudulent Use. You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide Services to you or other customers; or (2) avoids your obligation to pay for the Services. If DTC has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully, we can immediately suspend, restrict, or cancel the Services without advance notice.
  - Failure to Pay. Upon advance notice, we may suspend, restrict, or cancel the Services and this Agreement, if you do not make payments for current or prior bills by the required due date, including payments for late fees (1.5%) or any other required additional charges.
  - Other. DTC may from time to time discontinue certain Services, subject to applicable law and regulation.
  - Outstanding Charges. If Services are suspended, restricted, or canceled, any charges will accrue through the date that DTC fully processes the suspension, restriction or cancellation. You must pay all outstanding charges for these Services, including payment of any bills that remain due after the date of cancellation. Subject to Section 7 and applicable state law, you must reimburse us for any reasonable costs we incur, including attorneys’ fees, to collect charges owed to us. If you want us to renew the Services, we will require that you pay an Advanced Payment or Deposit and a Service Reconnection fee.
- Indemnification
- Limitations of Liability
- Warranties
- Credit Allowances For Interruptions
- Dispute Resolution
- - Binding Arbitration. The arbitration process established by this section is governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. 1-16. You have the right to take any dispute that qualifies to small claims court rather than arbitration. All other disputes arising out of or related to this Agreement (whether based in contract, tort, statute, fraud, misrepresentation or any other legal or equitable theory) must be resolved by final and binding arbitration. This includes any dispute based on any product, service or advertising having a connection with this Agreement and any dispute not finally resolved by a small claims court. The arbitration will be conducted by one arbitrator using the procedures described by this Section 7. If any portion of this Dispute Resolution Section is determined to be unenforceable, then the remainder shall be given full force and effect. The arbitration of any dispute shall be conducted in accordance with the American Arbitration Association’s (“AAA”) Supplementary Procedures for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date a dispute is submitted to the AAA. You have the right to be represented by counsel in an arbitration. In conducting the arbitration and making any award, the arbitrator shall be bound by and strictly enforce the terms of this Agreement and may not limit, expand, or otherwise modify its terms.
  - NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT AWARD PUNITIVE DAMAGES OR ATTORNEYS’ FEES UNLESS SUCH DAMAGES OR FEES ARE EXPRESSLY AUTHORIZED BY A STATUTE. YOU AND DTC BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE EXCLUDED UNDER THIS AGREEMENT.
  - Arbitration Information and Filing Procedures. Before you take a dispute to arbitration or to small claims court, you must first contact our customer account representatives at the customer service number on your DTC bill for the Services, or write to us at DTC, 107 Main Street, Delhi, New York 13753, and give us an opportunity to resolve the dispute. Similarly, before DTC takes a dispute to arbitration, we must first attempt to resolve it by contacting you. If the dispute cannot be satisfactorily resolved within sixty days from the date you or DTC is notified by the other of a dispute, then either party may then contact the AAA in writing at AAA Service Center, 134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and request arbitration of the dispute. Information about the arbitration process and the AAA’s Arbitration Rules and its fees are available from the AAA on the Internet at www.adr.org, or by contacting us at 1-800-496-3391. The arbitration will be based only on the written submissions of the parties and the documents submitted to the AAA relating to the dispute, unless either party requests that the arbitration be conducted using the AAA’s telephonic, on-line, or in-person procedures. Additional charges may apply for these procedures. Any in-person arbitration will be conducted at a location that the AAA selects in the state of your primary residence. Arbitrations under this Agreement shall be confidential as permitted by federal law. By notifying DTC within twenty days after commencing an arbitration proceeding, you may elect to relieve both parties to the arbitration of confidentiality obligations.
  - Fees and Expenses of Arbitration. You must pay the applicable AAA filing fee when you submit your written request for arbitration to the AAA. The AAA’s filing fee and administrative expenses for a document arbitration will be allocated according to the AAA’s Rules, except as stated herein, for claims of less than $10,000, you will only be obligated to pay a filing fee of $20 and we will pay all of the AAA’s other costs and fees. For claims between $10,000 and $75,000, you will pay a fee to the AAA of no more than $375, and we will pay all of the AAA’s other costs and fees. If you elect an arbitration process other than a document (“desk”) or telephone arbitration, you must pay your allocated share of any higher administrative fees and costs for the process you select. If you request such an alternative process, or for claims of $10,000 or greater, DTC will also consider, upon receiving your request and on a case-by-case basis, paying some or all of the AAA’s fees and expenses that you would otherwise be allocated under the AAA’s rules. You also may ask the AAA about the availability of a pro bono arbitrator and/or a waiver or deferment of fees and expenses from the AAA; more information about the AAA’s rules and policies is available at the AAA’s website, which is www.adr.org. Unless applicable substantive law provides otherwise, each party will pay its own expenses to participate in the arbitration, including attorneys’ fees and expenses for witnesses, document production and presentation of evidence. If you prevail before the arbitrator, however, you may seek to recover the AAA’s fees and the expenses of the arbitrator from us. If we prevail before the arbitrator, and if we show that you acted in bad faith in bringing your claim, then we may seek to recover the AAA’s fees and expenses of the arbitrator from you.
- Miscellaneous.
DTC’S notice to you under this Agreement will be provided by one or more of the following: posting on our web site, recorded announcement, bill message, bill insert, newspaper ad, postcard, letter, call to your billed telephone number, or e-mail to an address provided by you.
- Changes to this Agreement.
- Enrollment In Another DTC Service

The Service is available only in areas in which the DTC provides through subscription the Internet Service and the Long Distance message telecommunication service offerings available from DTC. Services may have varying rate levels and billing increments as noted in each service rate description. Each of these offerings is subject to restrictions indicated.

Timing of Calls

Unless otherwise indicated in this Agreement, if applicable the DTC times calls in sixty (60) second increments. “Ring-busy” and “ring-no-answer” calls will not knowingly be charged to the Customer and if charged in error, will be credited by the Company to the Customer. Timing begins at the “starting event” and ends at the “terminating event,” unless otherwise specified. Time between the starting event and the terminating event is the call duration. The minimum call duration for a completed domestic call is sixty (60) seconds, unless otherwise specified. International calls have a minimum duration of 60-seconds.

The starting event occurs when the DTC’s terminal experiences an “Incoming Signaling Protocol Successful,” i.e., upon the seizure of an inbound trunk.

The terminating event occurs when the DTC’s terminal receives a signal from the Local Exchange Carrier that either the calling party or the called party has hung up.

The DTC shall not knowingly bill for unanswered calls. Upon receiving reasonable and adequate notice of billing from a Customer for any such call, the DTC may issue a credit in an amount equal to the charge for the call. Calls that are in progress longer than one minute will be presumed to have been answered.

Long Distance Message Telecommunications Service rates are quoted in terms of initial and additional periods. The initial period is the first stated timed increment or any fraction thereof after connection is made. The additional period is each stated timed increment or any fraction thereof after the initial period. Timing increments for billing are shown in rate schedules in this Agreement.

The monthly portion of the Package devoted to the Long Distance Service is based on Average Usage. Average Usage is defined as a periodically calculated average number of minutes per customer. Average Usage may be applied/compared to an account on a daily, weekly, or monthly basis. Those customers exceeding the Average Usage may be contacted and advised that they need to conform to the prescribed average usage or be removed from the Package. Unlimited Long Distance minutes are only available on your primary phone line for residential voice usage and excludes 900, International, Operator, Directory Assistance, and Dial-Up Internet calls. If Unlimited minutes are used for non-voice calls, DTC may convert your service to a plan that charges a different rate for all long distance call(s). Customers with usage inconsistent with normal residential voice applications and average usage patterns may be required to change to another Long Distance Plan that charges for all long distance calls, or to cancel service. Additional charges may apply for taxes. Other restrictions may apply.

If applicable calls that begin in one rate period and terminate in another will be billed for the entire call duration at the rate applicable at the commence-ment of the call. Unless specified otherwise in this Agreement, the duration of each call for billing purposes will be rounded off to the nearest higher billing increment.

Dialed Long Distance Message Telecommunications Services are measured use, full time services and are offered on a monthly basis, utilizing communications facilities. These switched services are available on a presubscription (equal access) basis.

The DTC will provide its customers with directory assistance for obtaining listed telephone numbers. Access to DTC directory information services will be provided by dialing an NPA plus 555-1212. No additional measured service charges apply unless the customer determines that Call Completion Service is desired.

- Availability of Service
- Unlimited Toll
- Method of Applying Rates
- Dialed Long Distance Message Telecommunications Services (Domestic and international)
- Directory Assistance Service

Part III – DOMESTIC RATES

Rates for services described herein may incorporate by reference DTC applicable New York State Tariffs as noted. Rates contained herein do not include applicable taxes or additional surcharges required pursuant to state Tariffs.

Basic Rate Plan is service option available to residential and business subscribers for which customers of the plan pay the same rate for services indicated regardless of the volume of calls or time of day. Service is not available on an Intralata or Intrastate basis only.

The initial period for the billing of calls is sixty (60) seconds. Additional billing periods are measured in sixty (60) second increments.

a.	Residential Service	In State	Out of State
	Rate per Minute	$0.15	$0.11
b.	Business Service
	Rate per Minute	$0.15	$0.11

Directory Assistance Service (DA) will be provided at the charges contained herein. Call Completion Service is an optional service provided to users of DA Service. DA customers may choose to have the telephone number they are requesting completed by DTC for an additional fee. The fee for the service is quoted prior to the Customer prior to purchase acceptance of the fee must be affirmatively confirmed by the Customer. No charge for the Call Completion service applies to those Customers who do not opt to purchase the service or for calls that are unanswered. Individual message detail is not included as a part of this service. Rates for this service apply in addition to rates charged for the initial DA call.

Directory Assistance Service$0.95 Per listing provided Directory Assistance Service Call Completion – per call$0.00 – per minute$0.25

The DTC offers two undefined usage plans as described herein. Both plans require participation in a corresponding intrastate plan and rates shown herein reflect the full rate for the plan. Additional purchase requirements for the plan are further described here.

Both plans are direct dialed outbound long distance services offered to single or multi-line residential Customers from switched access lines. Service is offered on a flat rate basis, twenty-four hours per day, seven days per week. The Plans provide the Customer with a non-predefined number of minutes of interexchange long distance usage (both intrastate and interstate combined) for a flat rate monthly charge subject to limits outlined below.

a.Service is not offered on an intraLATA only basis.

b.Customers must subscribe to the associated services described herein.

c.Customers must presubscribe to the DTC both Intralata and Interlata long distance service.

d.These plans cannot be used for placing calls to on-line services or Internet access services or for any commercial use, for any use inconsistent with residential service, or for any services that do not involve a person-to-person conversation or voice messages.

e.Customer lines associated with educational institutions, (colleges, universities, etc.) are not eligible for these plans.

f.These plans are not available for resale.

g.Plan usage does not include multi-party conference calls (except those initiated via three-way calling), calls to 900, 976, 700 numbers or other information service providers, directory assistance, calling card, operator services, international calling and toll free calling services.

h.If the Company determines that usage is not consistent with typical Residential Customer usage at the Company’s sole discretion, the Company may offer the customer an alternative plan or suspend, restrict or cancel the Customer’s service without prior notice. Calls that are not consistent with residential voice usage include, but are not limited to use for general business purposes including commercial facsimile, auto-dialing, including telemarketing, call centers, or other such uses that are of a business nature.

i.Call detail is not available under this plan and Customers requiring this level of detail are not eligible for the plan.

- Basic Long Distance Calling Services
- Directory Assistance
- Undefined Usage Plans
In addition to the Value Call Plan monthly recurring rate, customers must subscribe to the following services offered by the DTC:

DTC Video Service and/or DTC Broadband Service

In addition to the Max Call Plan monthly recurring rate, customers must subscribe to the following services offered by the DTC:

N/A
- - Max Call Plan
  - Value Call Plan

PART IV – INTERNATIONAL RATES

Refer to our website www.delhitel.com